State v. Catlin
953 N.W.2d 563
Neb.2021Background
- Nicholas L. Catlin was convicted in Lancaster County Court after a bench trial of DUI (second offense) under Lincoln Municipal Code § 10.16.030 and other infractions.
- Catlin moved to quash and demanded a jury trial; the county court denied both motions, noting that a DUI second-offense conviction would trigger Lincoln Mun. Code § 9.36.100 (a 10-year city firearm possession ban).
- Catlin appealed to the district court, arguing the firearm-ban ordinance (§ 9.36.100) was unconstitutional and that the denial of a jury trial was error; the district court affirmed, relying on Neb. Rev. Stat. § 25-2705(1) (no jury for criminal cases arising under city ordinances).
- Catlin appealed to the Nebraska Supreme Court, served his brief on the city attorney who prosecuted the case, but did not serve the Attorney General and did not file a separate § 2-109(E) notice asserting a constitutional challenge.
- The Supreme Court held that Catlin’s jury-trial claim implicitly required addressing the constitutionality of § 25-2705, and because Catlin failed to strictly comply with Neb. Ct. R. App. P. § 2-109(E) (including service on the Attorney General when the AG was not a party), the court would not reach the merits and affirmed.
Issues
| Issue | Catlin's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Catlin’s jury-trial claim implicitly raises a constitutional challenge to Neb. Rev. Stat. § 25-2705 | Denial of a jury trial was error (challenging the court’s refusal) | The denial necessarily implicates § 25-2705 and thus is an implicit constitutional challenge | Yes; the claim necessarily involves the constitutionality of § 25-2705 |
| Whether Catlin complied with Neb. Ct. R. App. P. § 2-109(E) (notice and service on the Attorney General) | Served brief on city attorney but did not serve the Attorney General or file separate § 2-109(E) notice | When the AG is not a party, a copy of any brief challenging a statute must be served on the AG; strict compliance required | Catlin failed to strictly comply (no service on AG); court would not address the constitutional issue and affirmed |
Key Cases Cited
- State v. Denton, 307 Neb. 400 (2020) (holding that denial of a jury trial for prosecution under a city ordinance can implicitly challenge § 25-2705 and that Neb. Ct. R. App. P. § 2-109(E) notice/service is required)